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(영문) 청주지방법원 2019.07.04 2018고단2759
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 24, 2018, at around 01:05, the Defendant driven a B rocketing taxi and proceeded with the first apartment distance from the distance of Cheongju-si, as the Cheongju-si Cheongju-si Cheongju-si Cheongju-si Cheongju-si Cheongju-si.

At the time, there was a place where traffic is controlled by signal signal, etc., so the defendant was at night, who was engaged in driving duty of care to properly operate the steering and steering system and to proceed with it in a safe manner according to good faith.

Nevertheless, the Defendant neglected this and continued to go straight to the red signal while disregarding the signal, and faced the front part of the victim D(41 years old) driving, which passed the said intersection from the right side of the Defendant’s running direction to the left side, to the left side of the said intersection in accordance with the new code, with the front part of the victim D(41 years old) driving.

The Defendant suffered injury to the victim by occupational negligence, such as cutting down and closing down the body of hand, which requires approximately 10 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Article 3 (1) and Article 3 (2) (proviso)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of fines for a crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is recognized and erroneous, and the victim is not subject to punishment by agreement with the victim, and there are no other criminal records other than three times other than the punishment of the defendant, and the negligence and damage of the defendant are serious, and the sentencing conditions specified in the records and arguments of this case, including the defendant's age, character and behavior, occupation and conditions before and after the crime, etc.

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